Agriculture, the state and county com- use of American cotton in bales committees will determine or cause to be de- pressed to high density, delivered at termined, the quantity and grade of the shipside, shall be the simple average rye collateral and the amount of the of the market prices for Middling loan.*† 8-inch cotton in the three designated CROSS REFERENCE: For commodity loan reg-spot cotton markets at the Gulf ports of ulations of the Secretary of Agriculture, see New Orleans, Louisiana, and Galveston and Houston, Texas, as reported by the 7 CFR Part 712. § 209.9 Reconstruction Finance Corporation Loan Agencies. The following Loan Agencies of Reconstruction Finance Corporation will handle loans for Commodity Credit Corporation in the areas assigned to each Loan Agency: Loan agency Helena Minneapolis Omaha__ States served Montana; Dakota, South Dakota and Nebraska and Wyoming. Agricultural Marketing Service of the United States Department of Agriculture for the 15 business days immediately preceding the date of any sale under the Joint Resolution of August 11, 1939 (53 Stat 1418; 15 U.S.C., Sup., 713a-6) with additions or deductions for other grades and staple lengths, which such Michigan, Minnesota, North additions or deductions shall be the of simple averages the commercial differences on or off Middling % for such other grades and staple lengths as reported by the Agricultural Marketing Service for the said three designated spot cotton markets for the said 15 business days, plus 18 cents per pound for delivery to shipside in high density form, and less the prevailing rate of export subsidy payment in effect on the date of sale. The additions and deductions for cotton of staple lengths not quoted in said three designated spot cotton markets shall be the simple averages of the commercial differences for such lengths as quoted in other designated spot cotton markets for said 15 business days, and in the absence of any quotations for any such qualities in any designated market, the simple averages of the commercial differences ascertained from the best available sources and reported by the Agricultural Marketing Service for the said 15 business days. (53 Stat. 1418; 15 U.S.C., Sup., 713a-6) [Determination, Sec. Agric., Aug. 21, 1939; 4 F.R. 3693] § 209.10 Release of collateral. The producer may obtain the return of notes secured by rye at any time prior to maturity upon the payment of the principal amount due thereon, plus accrued interest. In the case of such repayment, no allowance will be made for storage by Commodity Credit Corporation. The loan paper may be sent to an approved bank for collection or the producer may ascertain the amount due and remit directly to the Loan Agency of the Reconstruction Finance Corporation holding the paper. Partial releases will be made, provided all the rye in any one bin is released. In such cases, the producers must identify to the Loan Agency of the Reconstruction Finance Corporation the seal number of the bin to be released. Such releases will be made upon payment of the amount loaned on the particular bin of rye, plus interest.*† PART 290-SALE OF SURPLUS AGRI- DETERMINATIONS § 290.2 Carrying charges for American cotton. For the purpose of any sale of cotton made under the provisions of the Joint Resolution of August 11, 1939 (53 Stat. 1418; 15 U.S.C., Sup., 713a-6) 290.1 Prevailing world market price for prior to January 1, 1940, the estimated American cotton. 290.2 Carrying charges for American cotton. $290.1 DETERMINATIONS average carrying charges that would be Prevailing world market price TITLE 7-AGRICULTURE Subtitle A-Office of the Secretary of Agriculture PART 1-ADMINISTRATIVE REGULATIONS DELEGATIONS OF POWER § 1.1 Delegation of power to the Assistant Secretary of Agriculture the duty or authority to issue certain documents and to discharge certain other duties or powers. Pursuant to the authority vested in me by law (Sec. 2, 25 Stat. 659; 5 U.S.C. 517), I, H. A. Wallace, Secretary of Agriculture, hereby delegate to the Assistant Secretary of Agriculture the duty or authority which is or may be vested in the Secretary of Agriculture by law to issue, prescribe, or promulgate any order, marketing agreement, standard, license, suspension or revocation of license, permit, suspension or revocation of permit, certificate, award, rule, regulation, or other document which has the force and effect of law and which may be issued, prescribed, or promulgated only after notice and hearing, or opportunity for hearing, shall have been given to the person or persons affected by or interested in such order, marketing agreement, standard, license, suspension or revocation of license, permit, suspension or revocation of permit, certificate, award, rule, regulation, or other such document. The Assistant Secretary of Agriculture, before issuing, prescribing, or promulgating any order, marketing agreement, standard, 11cense, suspension or revocation of license, permit, suspension or revocation of permit, certificate, award, rule, regulation, or other document as above described, shall give such notice and hearing or opportunity for hearing as are or may be required by law to be given by the Secretary of Agriculture before issuing, prescribing, or promulgating such order, marketing agreement, standard, license, suspension or revocation of license, permit, suspension or revocation of permit, certificate, award, rule, regulation, or other such document. In addition to the foregoing, I hereby delegate to the Assistant Secretary of Agriculture the duties or powers conferred upon the Secretary of Agriculture by virtue of the Perishable Agricultural Commodities Act, 1930, as amended, and The Tobacco Inspection Act. (Sec. 2, 25 Stat. 659; 5 U.S.C. 517) [Order, Sec. Agric., Feb. 14, 1939; 4 F.R. 899] [Preceding section, in small type, superseded by following section during period covered by this Supplement] § 1.1 Delegation of power to the Under Secretary of Agriculture and to the As sistant Secretary of Agriculture the issue authority severally to certain documents and to exercise certain other powers and to perform certain other (a) Pursuant to the authority duties. vested in the Secretary of Agriculture by law (Sec. 2, 25 Stat. 659, 53 Stat. 809; 5 U.S.C. 517, 5 U.S.C., Sup., 514b), I, H. A. Wallace, Secretary of Agriculture, hereby delegate to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture the authority severally to perform any regulatory function, as defined herein, which the Secretary of Agriculture now is or hereafter may be required or authorized by law to perform. (b) In addition to the authority delegated to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture in paragraph (a) of this section, I hereby delegate to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture the authority severally to exercise the powers and to perform the duties conferred upon the Secretary of Agriculture by virtue of the Perishable Agricultural Commodities Act, 1930, as amended, and The Tobacco Inspection Act, except the power to issue regulations having general applicability and legal effect. (c) (1) The term "regulatory function", as used in this section, means the making, prescribing, issuing, or promulgating, of a regulatory order, and includes (i) determining whether such making, prescribing, issuing, or promulgating is authorized or required by law, and (ii) any action which is required or authorized to be performed before, after, or in connection with, such determining, making, prescribing, issuing, or promulgating. (2) The term "regulatory order," as used herein, means an order, marketing agreement, standard, permit, license, registration, suspension or revocation of a permit, license, or registration, certifi cate, award, rule, or regulation, if it has the force and effect of law, and if it may be made, prescribed, issued, or promulgated only after notice and hearing or opportunity for hearing have been given: Provided, That the term shall not be construed to mean regulations having general applicability and legal effect. (d) The provisions of this section shall supersede the order promulgated by the Secretary of Agriculture on February 14, 1939 (4 F.R. 899), delegating to the Assistant Secretary of Agriculture the duty or authority to issue certain documents and to discharge certain other duties or powers. (e) The provisions of this section shall not affect the authority of the Secretary of Agriculture to perform any regulatory function, as defined herein, or to exercise any powers or perform any duties conferred upon the Secretary of Agriculture by virtue of the Perishable Agricultural Commodities Act, 1930, as amended, and The Tobacco Inspection Act. (Sec. 2, 25 Stat. 659, 53 Stat. 809; 5 U.S.C. 517, 5 U.S.C., Sup., 514b) [Order, Sec. Agric., June 8, 1939; 4 F.R. 2358] (b) The foregoing provisions of this section shall not affect the authority of the Secretary of Agriculture to exercise any of the powers or to perform any of the duties conferred or imposed upon him by the Packers and Stockyards Act, 1921, as amended. (Sec. 2, 25 Stat. 659, 53 Stat. 809; 5 U.S.C. 517, 5 U.S.C., Sup., 514b) [Order, Sec. Agric., June 8, 1939; 4 F.R. 2357] § 1.3 Delegation of power to Assistant Secretary of Agriculture to determine necessity for acquisition of real estate by condemnation and authority to execute declarations of taking. Pursuant to the authority vested in the Secretary of Agriculture by law (Sec. 2, 25 Stat. 659; 5 U.S.C. 517), I, H. A. Wallace, Secretary of Agriculture, hereby delegate to the Assistant Secretary of Agriculture the authority conferred upon the Secretary of Agriculture (a) by the Act approved August 1, 1888 (25 Stat. 357; 40 U.S.C. 257-258), to determine whether it is necessary or advantageous to the Government to acquire for the United States real estate for public use by condemnation, under judicial process, and, whenever in his opinion it is necessary or advantageous to the Government to do so, the Assistant Secretary of Agriculture is authorized to make application to the Attorney General of the United States to cause proceedings to be commenced for condemnation; and (b) by the Act approved February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a-258e), to execute and sign declarations of taking, declaring that lands are thereby taken for the use of the United States. (Sec. 2, 25 Stat. 659; 5 U.S.C. 517) [Order, Sec. Agric., May 16, 1939; 4 F.R. 2049] § 1.2 Delegation of power to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture to ascertain the stockyards which are subject to the provisions of the Packers and Stockyards Act, 1921, and to give public notice thereof. (a) Pursuant to the authority vested in the Secretary of Agriculture by law (53 Stat. 809; 5 U.S.C., Sup., 514b, and sec. 2, 25 Stat. 659, 5 U.S.C., 517), I, H. A. Wallace, Secretary of Agriculture, hereby delegate to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture authority severally to exercise the power and to perform the § 1.4 Delegation of power to the Under duty conferred and imposed upon the Secretary of Agriculture to determine Secretary of Agriculture in subsection (b) | necessity for acquisition of real estate by of section 302 of the Packers and Stock-condemnation and authority to execute yards Act, 1921, as amended (42 Stat. declarations of taking. (a) Pursuant to 163; 7 U.S.C., 202 (b)), to ascertain, after such inquiry as he deems necessary, the stockyards which are subject to the provisions of the Act and to give notice thereof to the stockyard owners concerned and to give public notice thereof by posting copies of such notice in the stockyard and in such other manner as he may determine, and to ascertain and give notice that a stockyard no longer is subject to the provisions of the Act. the authority vested in the Secretary of Agriculture by law (53 Stat. 809; 5 U.S.C., Sup., 514b), I, H. A. Wallace, Secretary of Agriculture, hereby delegate to the Under Secretary of Agriculture the authority conferred upon the Secretary of Agriculture (1) by the Act approved August 1, 1888 (25 Stat. 357; 40 U.S.C. 257– 258), to determine whether it is necessary or advantageous to the Government to acquire for the United States real estate (b) for public use by condemnation, under | of Agriculture to authenticate documents judicial process, and, whenever in his of the Department. I, Henry A. Wallace, opinion it is necessary or advantageous Secretary of Agriculture, do hereby auto the Government to do so, the Under thorize the Solicitor and the Assistant Secretary of Agriculture is authorized to Solicitor of the Department of Agriculmake application to the Attorney Gen- ture severally to authenticate, under the eral of the United States to cause pro- Seal of the Department of Agriculture, ceedings to be commenced for condem- pursuant to section 882 of the Revised nation; and (2) by the Act approved Statutes, as amended by section 6 (a) of February 26, 1931 (46 Stat. 1421; 40 the Act approved June 19, 1934 (48 Stat. U.S.C. 258a-258e) to execute and sign 1109; 28 U.S.C. 661), copies of any books, declarations of taking, declaring that records, papers, or other documents, or lands are thereby taken for the use of the any books or records of account in whatUnited States. ever form, or minutes (or portions thereof) of proceedings, or copies of such books or records of account, or copies of such minutes of proceedings, in the Department of Agriculture; and I direct that, upon each such authenticated copy or original, as the case may be, there shall appear a recital that such (c) copy or original has been authenticated Neither the provisions of this sec- and the Seal of the Department of Agrition nor the provisions of § 1.3, shall af- culture affixed thereto by the direction fect the authority of the Secretary of of the Secretary of Agriculture; and I Agriculture to determine the necessity further direct that each certificate of for the acquisition of real estate by con-authentication shall bear the genuine demnation or the authority of the Secre- signature of the said Solicitor or Assisttary of Agriculture to execute declara-ant Solicitor. tions of taking. (53 Stat. 809; 5 U.S.C., [Order, Sec. Agric., June 8, The provisions of this section shall not affect the exercise by the Assistant Secretary of Agriculture of the power delegated to him by § 1.3 to determine the necessity for the acquisition of real estate by condemnation and to execute declarations of taking. Sup., 514b) 1939; F.R. 2357] $1.51 Authority delegated to Solicitor and Assistant Solicitor of the Department This section is in addition and supplementary to the order of authorization dated December 3, 1936. (28 Stat. 272; 5 U.S.C. 513) [Order, Sec. Agric., Nov. 7, 1939; 4 F.R. 4535] Subtitle B-Regulations of the Department of Agriculture CHAPTER I-AGRICULTURAL MARKETING SERVICE NOTE: Memorandum 783 of the Secretary of Agriculture dated October 6, 1938 transferred the regulatory activities being administered by the Bureau of Agricultural Economics under the provisions of the Tobacco Inspection Act, the Perishable Agricultural Commodities Act, the Standard Container Act of 1916, the Standard Container Act of 1928, the Produce Agency Act, the Peanut Stocks and Standards Act, the Tobacco Stocks and Standards Act, the Cotton Grade and Staple Statistics Act, the Cotton Futures Act, the Cotton Standards Act, the Grain Standards Act, the Warehouse Act, the Wool Standards Act, the Export Apple and Pear Act, section 201 of the Agricultural Adjustment Act of 1938, all as amended, and the Department of Agriculture Appropriation Act, 1939, to a new unit which was later designated as the Agricultural Marketing Service. Subchapter A-Commodity Standards and Standard Container Regulations PART 26-GRAIN STANDARDS NOTE: This part was amended by deleting the words "Bureau of Agricultural Economics" wherever they appear and inserting in lieu thereof the words "Agricultural Marketing Service", and by deleting the word "Bureau" wherever it appears and inserting in lieu thereof the word "Service", July 6, 1939; 4 F.R. 2849. The order of July 6, 1939 further provides that this part shall continue in effect and be administered by the Agricultural Marketing Service. PART 27-COTTON CLASSIFICATION UNDER THE UNITED STATES COTTON FUTURES ACT NOTE: This part was amended by deleting the words "Bureau of Agricultural Economics" wherever they appear and inserting in lieu thereof the words "Agricultural Marketing Service", and by deleting the word "Bureau" wherever it appears and inserting in lieu thereof the word "Service", July 6, 1939; 4 F.R. 2849. The order of July 6, 1939 further provides that this part shall continue in effect and be administered by the Agricultural Marketing Service. This part was further amended, by deleting the words "inspection bureau" whereever they appear and inserting in lieu thereof the words "inspection agency", by Amdt. 1, Oct. 3, 1939; 4 F.R. 4149. Subpart-Regulations § 27.9 Boards of cotton examiners; Appeal Board. Boards of cotton examiners shall be maintained at points designated for the purpose by the Chief of the Service. The members of such boards and the chairman of each shall be designated by the Chief of the Service. The Appeal Board of Review Examiners established at Washington, D. C., and committees of the Appeal Board authorized to serve at other points will review the classification of any cotton in accordance with §§ 27.61-27.72. A Board of Supervising Cotton Examiners shall perform duties as assigned.*† *§§ 27.9 to 27.103, inclusive, issued under the authority contained in 39 Stat. 476, 40 26 U.S.C. 1090-1106. Stat. 1351, 1352, 41 Stat. 725, 44 Stat. 1248; †The source of the amendments to §§ 27.9 to 27.103, inclusive, is Amendment 1 to the Regulations of the Secretary of Agriculture under the United States Cotton Futures Act, Oct. 3, 1939; 4 F.R. 4147. § 27.10 Supervisor of cotton inspection. The Chief of the Service or the chairman of a board of cotton examiners may when necessary designate an official or employee of the Department of Agriculture to supervise the inspection and sampling and the preparation of samples of cotton for classification by a board of cotton examiners, and to perform such other duties as may be required of him for the purposes of this subpart, with full authority to perform the duties of a supervisor of cotton inspection in accordance with §§ 27.75 and 27.77.*† § 27.28 Removal of original samples; conditions. The original sample may be |